OURSELVES V. GIBSON.

South Canterbury Times, Issue 3015, 25 November 1882, Page 2

OURSELVES V. GIBSON.

[To the Editor.] ' Sir,-—Referring to the sub-leader on this case in your issue of the 23rd inst., you seem to have been misinformed as to the facts in respect of the following very material points:— 1. The notice to produce was.served only fifteen minutes before the Court opened, and did not specially mention any particular document, but was very general in its terras. 2. Counsel for the defendant, asked for certain receipts .(which receipts were not specially mentioned in the notice) late in the afternoon, whereupon our Mr C. Perry offered to produce any documents that he had with him, amongst which, however, there were not any receipts.

3. The Resident Magistrate . .bad . no power to order the production of* receipts or any other document, as the solicitor for the defendant had not subpoened the plaintiffs to produce them, - - ,

4. Counsel for the defendant could have applied for an adjournment, and subpoened the plaintiffs to produce any documents he required ; but he declined to adopt that course, though it wassuggeated to him by the Resident Magistrate.

6. It was the plaintiffs not the defendants who required the evidence of our Mr A. Perry, bat be was unfortunately unable to attend before the plaintiffs’ case was closed and the defendant’s counsel protested against his being called afterwards. With reference to your observations as to the demeanor of His Worship the Resident Magistrate, we think it will be agreed by those who were present during the beiaring of the case, that Mr Hamersley was treated with every forbearance, considering the, observations which he made and the tone in which he made them. :

We may add that the receipts referred to are not, as far es we are aware, at all relevant to the case, but that we have not the slightest objection to produce any document in our hands, provided we are informed what documents are required ■ and" given a reasonable notice to enable us to lookfor them.

. In the present case the receipts required to be produced were sworn by the defendant to have been left in our hands some five years ago.—Yours &6., Peeby & Peeey.